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A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and was given his prison sentence raised to ten years.

Appeal Trial

Husamettin Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was seeking men to visit his house to rape his wife once he had sedated her into a comatose state.

“We hope the court will declare that in this nation, fundamental rights are also women’s rights – that consent is personal, not given by another,” declared the victim's attorney, her legal representative. “Agreement is obtained directly and not via a representative from a spouse.”

Background

The husband, a notorious sex offenders in recent French history, was given a prison term to twenty years in prison last year for drugging his then wife and soliciting numerous individuals to rape her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was first handed a term to nine years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the hearing, stated to the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a larger conversation on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The jury in the higher court was displayed recorded footage of the victim's unconscious figure, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a timeframe of what investigators stated was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

The defendant told the court the recordings were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I continued because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that individual.”

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an unaware woman. How could I have give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The community is maybe in the process of that, perhaps motivated by the public consciousness brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie told Dogan: “For as much as you reject it, it’s not just a individual, it’s an entire disturbing societal structure that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began consuming marijuana aged 10. When he was 17 he was stopped by authorities for selling narcotics and his parent kicked him out the family house. He served time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had stated to a court psychologist that once a year he looked for transactional encounters on his special day. His attorneys told the court he had joint inflammation caused by the pressure of the initial proceedings.